# FDA controlling tobacco?



## Silky01 (Jul 16, 2007)

Saw this in another forum just now (thefiringline.com). Anyone have any thoughts?

A fundamental precept of the Food, Drug, and Cosmetic Act (FDCA) is that any product regulated by the FDA that remains on the market must be safe and effective for its intended use. That is, the potential for inflicting death or physical injury must be offset by the possibility of therapeutic benefit. If tobacco products were “devices” under the FDCA, the FDA would be required to remove them from the market under the FDCA’s misbranding and device classification provisions. In fact, based on such provisions, the FDA itself has previously asserted that if tobacco products were within its jurisdiction, they would have to be removed from the market because it would be impossible to prove they were safe for their intended use.

The reality is that except for tobacco's unique and protected status it would be banned from the market based on the FDCA or classified as an illicit substance (Schedule I) by the DEA. Why should tobacco retain any form of protected status?

It is absurd to ask an administrative agency to ignore the very legislation that created it. The FDA's primary mission is to enforce the FDCA. The currently proposed legislation, which will allow the FDA to regulate tobacco, actually forces the FDA to act contrary to the requirements of the FDCA. 

Congress has enacted specific statutes that have served to create a distinct regulatory scheme focusing on the labeling and advertising of tobacco products and thereby removed tobacco from the FDA's purview. But if Congress does pass legislation that places tobacco regulation under the supervision of the FDA with a specific regulatory scheme but the FDA chooses to ban tobacco at a later date based on the FDCA, would this be a constitutional exercise of executive power?


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## Teninx (Apr 23, 2006)

http://www.clubstogie.com/vb/showthread.php?t=94436

http://www.clubstogie.com/vb/showthread.php?t=95157

There is a glimmer of hope if you read the text of the Act. There is a paragraph that establishes the FDA mission to continue to provide tobacco products to adults.


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## StogieGuy (Jul 22, 2006)

I just wrote an article about this over at Stogie Guys.

The danger is that the FDA will further restrict advertising of cigars. (See the ads in the top right corner? they could be restricted or made to include "warning labels" about the dangers" of smoking.)

Additionally, reports are under the FDA, the government could then mandate lower levels of tar, nicotine, etc... in tobacco products. While altering the chemical composition is possible for cigarettes (since they aren't particularly natural), it is impossible for cigars. If such restrictions went into effect for cigars it could make every handmade cigar produced today illegal.

So, basically FDA regulation would be a disaster for cigars, even more so than for cigarettes.

As for the Constitutional issues... since when does Congress worry about that!


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## Uniputt (Nov 23, 2004)

http://www.clubstogie.com/vb/showthread.php?t=94087


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